41 U.S.C. § 110 — Nondevelopmental item

This section defines "nondevelopmental item," a term used elsewhere in this subtitle for government purchasing rules. An item counts as a "nondevelopmental item" if it fits any one of four descriptions: (1) It is a commercial product — something already sold on the regular market. (2) It is an item that has already been developed and is currently in use — by a federal department or agency, a state or local government, or a foreign government that has a mutual defense cooperation agreement with the United States. (3) It is an item described in (1) or (2) above, but needs only a minor change, or a kind of change commonly available on the commercial market, to meet what the buying department or agency needs. (4) It is an item currently being made that would qualify under (1), (2), or (3), except for one specific reason: nobody is using it yet. A brand-new product ready to be produced still counts, as long as its only shortcoming is that it lacks a track record of use.